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Posted: August 31st, 2022
Sexual Orientation and the Law of Discrimination in the Workplace
Sexual orientation discrimination in the workplace occurs when a person is harassed or treated differently solely because of their actual or presumed sexual orientation or gender identity. This involves actions such as being denied employment opportunities and benefits such as promotion and training, wrongful termination, or being outwardly reproached for being a member of the Lesbian, Gay, Bi-sexual, or heterosexual (LGBT) population. Sexual orientation discrimination creates an unhealthy working environment, which is likely to affect your work performance and create even more grave issues. Exposure to sexual orientation discrimination and harassment can also interfere with your overall mental wellbeing.
Federal and Local Laws regarding sexual orientation discrimination
The federal laws protect all citizens against discrimination in the workplace based on race, sex, age, disability, and religion. Currently, all employees working for the federal government are protected from sexual orientation discrimination. Unfortunately, there exists no statute that explicitly forbids sexual discrimination in the workplace in the private sector. However, almost half of the states, including Minnesota, Washington, California, and Maryland, have enacted laws that ban sexual orientation discrimination in the workplace in both the public and private sectors. Some states like Delaware, Indiana, Montana, and Michigan only prohibit sexual discrimination in the public sector, while others specify the workplaces where sexual discrimination is not allowed.
The Employment Non-Discrimination Act (ENDA) 2009 has been reintroduced to congress and is currently under consideration. If endorsed, the act will prohibit any form of discrimination in the workplace based on sexual orientation and gender identity. It will prevent employers from making decisions concerning hiring, promotion, compensation, and termination based on the sexual orientation or gender identity of a person. The new law will also proscribe special treatment to members of the LGBT community at the workplace and even the use of quotas to specify the number of such individuals needed when hiring or when making other important decisions. Until the act is passed, there will remain no federal law protecting people against sexual discrimination.
Recourse on Company Policies
If the federal and state laws do not protect you against sexual orientation discrimination at your place of work, be sure to check your company policies regarding the matter. Some organizations have developed policies that prohibit sexual orientation discrimination. These policies are often incorporated in your employment contract and outline the path to take when faced with sexual orientation discrimination and the disciplinary actions to be taken on employees or managers involved in sexual orientation discrimination.
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